Judge Denies Willets' Motion,

Orders Her To Appear In Court

WEST PALM BEACH — Convicted prostitute Kathy Willets' strip club performance is not a form of constitutionally protected expression, a judge ruled on Friday.

Palm Beach County Court Judge Deborah Pucillo denied all defense motions to throw out the charges of lewdness and violation of the county's lap dancing ordinance.

Willets, whose performance included sexual acts with a flashlight and having customers shave her, was ordered to be ready for trial later this month.

Pucillo said in her order that performances at adult entertainment centers that serve alcohol do not enjoy the same protection as other forms of expression.

Also, Pucillo said, "nowhere in the defendant's motion to dismiss, memorandum of law or oral argument on the motion does defendant articulate what the defendant was trying to communicate."

Willets' attorney, James Benjamin of Fort Lauderdale, decried the decision.

"Obviously, the First Amendment does not exist in Palm Beach County," Benjamin said.

He argued that Willets' actions were those of a performer and that she should enjoy the same freedom of expression as the casts of Hair or Oh Calcutta, plays that feature nudity. Prosecutor Krista Rothman countered that portions of Willets' act are illegal under state and county laws.

Prosecutors say they are not trying to stop Willets from performing altogether, only that the shaving and flashlight routines should be stopped.

Police made a videotape of Willets' performance at T's Lounge in suburban West Palm Beach, but Rothman said she will not use it at the trial because it does not show the portions of the performance in question.

The camera's battery died before the shaving and flashlight routines could be filmed.

Willets' husband and manager, Jeffrey Willets, said his wife's performance is tamer than 90 percent of other adult entertainers in South Florida. "The state is just after my wife," he said.

Kathy Willets said the March arrest robbed her of her livelihood because the state Pardons and Parole Commission has ordered her to stop performing until the charges are resolved.

But the parole commission has so far not ordered her back to prison, which was a bigger threat.

Benjamin said a return to prison is still a possibility if Willets is convicted, even though the charges are only misdemeanors.

The loss of income while Willets remains away from the stage is considerable, said Jeffrey Willets.

Benjamin said there is a large public following for Willets.

"The weekend she performed at T's in Palm Beach was the highest-grossing weekend in their history, so obviously she's got a public that wants to see her."Benjamin said.